28 U.S.C. § 153 — Salaries; character of service

Page 87 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 153 ‘‘(2) such persons are members in good standing of at least one State bar, the District of Columbia bar, or the bar of the Commonwealth of Puerto Rico, and members in good standing of every other bar of which they are members, ‘‘(3) such persons possess, and have a reputation for, integrity and good character, ‘‘(4) such persons are of sound physical and mental health, ‘‘(5) such persons possess and have demonstrated commitment to equal justice under law, ‘‘(6) such persons possess and have demonstrated outstanding legal ability and competence, as evi- denced by substantial legal experience, ability to deal with complex legal problems, aptitude for legal schol- arship and writing, and familiarity with courts and court processes, and ‘‘(7) such persons demeanor, character, and person- ality indicate that they would exhibit judicial tem- perament if appointed to the position of United States bankruptcy judge.’’ § 153. Salaries; character of service (a) Each bankruptcy judge shall serve on a full-time basis and shall receive as full com- pensation for his services, a salary at an annual rate that is equal to 92 percent of the salary of a judge of the district court of the United States as determined pursuant to section 135, to be paid at such times as the Judicial Conference of the United States determines. (b) A bankruptcy judge may not engage in the practice of law and may not engage in any other practice, business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of such bankruptcy judge’s duties as a judicial officer. The Con- ference may promulgate appropriate rules and regulations to implement this subsection. (c) Each individual appointed under this chap- ter shall take the oath or affirmation prescribed by section 453 of this title before performing the duties of the office of bankruptcy judge. (d) A bankruptcy judge appointed under this chapter shall be exempt from the provisions of subchapter I of chapter 63 of title 5. (Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 338; amended Pub. L. 100–202, § 101(a), [title IV, § 408(a)], Dec. 22, 1987, 101 Stat. 1329, 1329–26; Pub. L. 100–702, title X, § 1003(a)(1), Nov. 19, 1988, 102 Stat. 4665.) Editorial Notes AMENDMENTS 1988—Subsec. (d). Pub. L. 100–702 added subsec. (d). 1987—Subsec. (a). Pub. L. 100–202 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘Each bankruptcy judge shall serve on a full-time basis and shall receive as full compensation for his services a salary at an annual rate determined under section 225 of the Federal Salary Act of 1967 (2 U.S.C. 351–361) as adjusted by section 461 of this title, to be paid at such times as the Judicial Conference of the United States determines.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–202, § 101(a) [title IV, § 408(d)], Dec. 22, 1987, 101 Stat. 1329, 1329–27, provided that: ‘‘This section [amending this section, section 634 of this title, and section 356 of Title 2, The Congress] shall become effec- tive October 1, 1988, and any salary affected by the pro- visions of this section shall be adjusted at the begin- ning of the first applicable pay period commencing on or after such date of enactment [probably should read ‘‘such date’’, meaning Oct. 1, 1988].’’ TRANSITION PROVISIONS Pub. L. 100–702, title X, § 1003(b), Nov. 19, 1988, 102 Stat. 4665, provided that: ‘‘(1) If an individual who is exempted from the Leave Act by operation of amendments under this section [amending this section and sections 156, 631, 634, 712, 752, and 794 of this title] and who was previously sub- ject to the provisions of subchapter I of chapter 63 of title 5, United States Code, without a break in service, again becomes subject to this subchapter on comple- tion of his service as an exempted officer, the unused annual leave and sick leave standing to his credit when he was exempted from this subchapter is deemed to have remained to his credit. ‘‘(2) In computing an annuity under section 8339 of title 5, United States Code, the total service of a person specified in paragraph (1) of this subsection who retired on an immediate annuity or dies leaving a survivor or survivors entitled to an annuity includes, without re- gard to the limitations imposed by subsection (f) of sec- tion 8339 of title 5, United States Code, the days of un- used sick leave standing to his credit when he was ex- empted from subchapter I of chapter 63 of title 5, United States Code, except that these days will not be counted in determining average pay or annuity eligi- bility.’’ CONTINUATION OF SALARIES OF BANKRUPTCY JUDGES IN EFFECT ON JUNE 27, 1984 Pub. L. 98–353, title I, § 105(a), July 10, 1984, 98 Stat. 342, provided that: ‘‘The salary of a bankruptcy judge in effect on June 27, 1984, shall remain in effect until changed as a result of a determination or adjustment made pursuant to section 153(a) of title 28, United States Code, as added by this Act.’’ PART-TIME BANKRUPTCY JUDGES For provision that notwithstanding subsecs. (a) and (b) of this section, a bankruptcy judge serving on a part-time basis on July 10, 1984, may continue to serve on such basis for two years from such date, and may en- gage in the practice of law, see section 106 of Pub. L. 98–353, set out as a note under section 152 of this title. Statutory Notes and Executive Documents SALARY INCREASES 1988—Salaries of bankruptcy judges continued at $72,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees. 1987—Salaries of bankruptcy judges increased to $72,500 per annum, on recommendation of the President of the United States, see note set out under section 358 of Title 2, The Congress. Salaries of bankruptcy judges increased to $70,500 ef- fective on first day of first pay period beginning on or after Jan. 1, 1987, by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out as a note under section 5332 of Title 5, Government Organization and Employees. 1985—Salaries of bankruptcy judges increased to $68,400 effective on first day of first pay period begin- ning on or after Jan. 1, 1985, by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out as a note under section 5332 of Title 5. 1984—Salaries of bankruptcy judges (full-time) and bankruptcy judges (part-time) (maximum rate) in- creased to $66,100 and $33,100, respectively, effective on first day of first pay period beginning on or after Jan. 1, 1984, by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, for- merly set out as a note under section 5332 of Title 5. Page 88 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE § 154 1982—Salaries of bankruptcy judges and referees in bankruptcy (full-time), or referees in bankruptcy (part- time) (maximum rate) increased to $63,600 and $31,800, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1982, by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12387 further provided that pursuant to section 101(e) of Pub. L. 97–276 funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1982, which was $58,500 for bankruptcy judges and referees in bank- ruptcy (full-time), and $30,600 for referees in bank- ruptcy (part-time) (maximum rate). Maximum rate payable to bankruptcy judges after Dec. 17, 1982, increased from $58,500 to $63,600, see Pub. L. 97–377, title I, § 129(b)–(d), Dec. 21, 1982, 96 Stat. 1914, set out as a note under section 5318 of Title 5. 1981—Salaries of bankruptcy judges and referees in bankruptcy (full-time), or referees in bankruptcy (part- time) (maximum rate) increased to $61,200 and $30,600, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1981, by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12330 further provided that pursuant to section 101(c) of Pub. L. 97–51 funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1981, which was $51,167.50 for bankruptcy judges and referees in bank- ruptcy (full-time), and $25,583.75 for referees in bank- ruptcy (part-time) (maximum rate). 1980—Salaries of bankruptcy judges and referees in bankruptcy (full-time), or referees in bankruptcy (part- time) (maximum rate) increased to $58,400 and $29,200, respectively, effective on first day of first pay period beginning on or after Oct. 1, 1980, by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12248 further provided that pursuant to section 101(c) of Pub. L. 96–369 funds are not available to pay a salary which ex- ceeds the rate in effect on Sept. 30, 1980, which was $51,167.50 for bankruptcy judges and referees in bank- ruptcy (full-time), and $25,583.75 for referees in bank- ruptcy (part-time) (maximum rate). For limitations on use of funds for period Oct. 1, 1980 through June 5, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, exec- utive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of Pub. L. 96–369 and section 101(c) of Pub. L. 96–536, set out as notes under section 5318 of Title 5. 1979—Salaries of bankruptcy judges increased to $53,500 effective on first day of first pay period begin- ning on or after Oct. 1, 1979, by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, formerly set out as a note under section 5332 of Title 5. Ex. Ord. No. 12165 further provided that pursuant to Pub. L. 96–86 funds appro- priated for fiscal year 1980 may not be used to pay a salary at a rate which exceeds an increase of 5.5 percent over the applicable rate payable for such position or of- fice in effect on Sept. 30, 1978, which was $51,167.50 for bankruptcy judges. § 154. Division of businesses; chief judge (a) Each bankruptcy court for a district hav- ing more than one bankruptcy judge shall by majority vote promulgate rules for the division of business among the bankruptcy judges to the extent that the division of business is not other- wise provided for by the rules of the district court. (b) In each district court having more than one bankruptcy judge the district court shall designate one judge to serve as chief judge of such bankruptcy court. Whenever a majority of the judges of such district court cannot agree upon the designation as chief judge, the chief judge of such district court shall make such des- ignation. The chief judge of the bankruptcy court shall ensure that the rules of the bank- ruptcy court and of the district court are ob- served and that the business of the bankruptcy court is handled effectively and expeditiously. (Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 339.) § 155. Temporary transfer of bankruptcy judges (a) A bankruptcy judge may be transferred to serve temporarily as a bankruptcy judge in any judicial district other than the judicial district for which such bankruptcy judge was appointed upon the approval of the judicial council of each of the circuits involved. (b) A bankruptcy judge who has retired may, upon consent, be recalled to serve as a bank- ruptcy judge in any judicial district by the judi- cial council of the circuit within which such dis- trict is located. Upon recall, a bankruptcy judge may receive a salary for such service in accord- ance with regulations promulgated by the Judi- cial Conference of the United States, subject to the restrictions on the payment of an annuity in section 377 of this title or in subchapter III of chapter 83, and chapter 84, of title 5 which are applicable to such judge. (Added Pub. L. 98–353, title I, § 104(a), July 10, 1984, 98 Stat. 339; amended Pub. L. 99–651, title II, § 202(a), Nov. 14, 1986, 100 Stat. 3648; Pub. L. 100–659, § 4(a), Nov. 15, 1988, 102 Stat. 3918.) Editorial Notes AMENDMENTS 1988—Subsec. (b). Pub. L. 100–659 inserted ‘‘section 377 of this title or in’’ after ‘‘annuity in’’ and ‘‘which are applicable to such judge’’ after ‘‘title 5’’. 1986—Subsec. (b). Pub. L. 99–651 inserted reference to chapter 84 of title 5. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–659 effective Nov. 15, 1988, and applicable to bankruptcy judges and magistrate judges who retire on or after Nov. 15, 1988, with excep- tion for judges and magistrate judges retiring on or after July 31, 1987, see section 9 of Pub. L. 100–659, as amended, set out as an Effective Date note under sec- tion 377 of this title. EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–651, title II, § 203, Nov. 14, 1986, 100 Stat. 3649, provided that: ‘‘This title and the amendments made by this title [enacting section 375 of this title and amending this section and sections 374, 631, 633, 636, and 797 of this title] take effect on January 1, 1987.’’ § 156. Staff; expenses (a) Each bankruptcy judge may appoint a sec- retary, a law clerk, and such additional assist- ants as the Director of the Administrative Office of the United States Courts determines to be necessary. A law clerk appointed under this sec- tion shall be exempt from the provisions of sub- chapter I of chapter 63 of title 5, unless specifi- cally included by the appointing judge or by local rule of court. (b) Upon certification to the judicial council of the circuit involved and to the Director of the